OAR 340-090-0150: Due Consideration

(1) In determining who must provide the opportunity to recycle, a city or county must first give due consideration to any person lawfully providing recycling or collection service on June 1, 1983, if the person continues to provide the service until the date the determination is made and the person has not discontinued the service for a period of 90 days or more between June 1, 1983, and the date the city or county makes the determination. (2) "Due consideration" includes at a minimum: (a) A general notice announcing that the city or county intends to franchise recycling collection service and describing the requirements for the franchise; (b) A timely written notice announcing that the city or county intends to franchise recycling collection service and describing the requirements for the franchise sent to persons entitled by ORS 459A.085(6)(c) to due consideration where such persons are known to the city or county or where such person has filed a timely written request for such notices with the city or county; (c) An opportunity for public comment on the proposed franchise; and (d) Consideration of, and response to, a timely application for a recycling collection franchise from a person entitled to due consideration and response.